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CHAPTER 4. Finding and Analyzing Case Law. The Bluebook Rule 10. State case law is cited in the same format that U.S. Supreme Court cases are cited If states publish their own reporter, that reporter is the state’s official reporter All other reporters are unofficial. Case Law.
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CHAPTER 4 Finding and Analyzing Case Law
The BluebookRule 10 • State case law is cited in the same format that U.S. Supreme Court cases are cited • If states publish their own reporter, that reporter is the state’s official reporter • All other reporters are unofficial
Case Law • Written by judges and called decisions or opinions • Considered primary authority • Will be based on, and/or, will create precedent
Sources of Case Law • Official reporters • Regional reporters • CD-ROMs • On-line reporters • LEXIS • Westlaw
Case CitationsComponents • Name of the case is either underlined or italicized • Volume of the reporter • Name of the reporter • Page found in the reporter • Year of the decision • May be placed after the case name and before volume or at the end of the citation • End with a period
Case CitationsHint Always look at the top of the reporter page for the proper citation
Case Citations If there are multiple (parallel) citations, the official citation should always be listed first
U. S. Supreme Court Reporters • Official reporter • United States Reports (U.S.) • Unofficial reporters • Supreme Court Reporter (S. Ct.) • Lawyer’s Edition (L. Ed.)
Other Federal Reporters • Federal Reporter • Federal Supplement • Federal Rules Decisions • LEXIS • Westlaw • Numerous other specialized reporters
State Reporters • Official state reporters • Published by the state • Not published by every state • Regional reporters • Published by West • Each covers multiple states • Considered the official state reporter if no reporter is published by the state • Internet: LEXIS and Westlaw
Reading a CaseCase Components • Facts • Judicial history • Issues • Rules • Analysis • Decision (Conclusion)